Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.119 of 2023 In Civil Writ Jurisdiction Case No.2096 of 2018 ====================================================== Ravindra Kumar Son of Suresh Sharma Resident of Village- Chalikako, P.O. and P.S. - Kako, District - Jehanabad.
... ... Petitioner
Versus
1.
The State of Bihar 2.
The Director General of Police, Bihar, Patna. 3.
The Superintendent of Police, Bagaha, Bihar.
4.
The Chairman, Central Selection Board (Constable Recruitment), Bihar, Patna.
5.
The Officer on Special Duty, Central Selection Board (Constable Recruitment), Bihar, Patna.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Singh, Advocate Mr. Sumit Kumar, Advocate Mr. Alka Singh, Advocate For the Opposite Party/s :
Mr. Suman Kumar Jha, AC to AAG-III ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-04-2024 This civil review application has been filed seeking recall/review of the order dated 10.04.2023 passed by this Court in CWJC No. 2096 of 2018 to the extent that the name of the petitioner has been included with the cases of those writ petitioners who had earlier moved this Court against their dismissal from service.
2. Learned counsel for the petitioner submits that the petitioner had earlier moved in CWJC No. 8099 of 2016 against the order of his suspension and not from dismissal from service.
Patna High Court C. REV. No.119 of 2023(4) dt.03-04-2024 2/3
3. It is submitted that the petitioner moved in CWJC No. 2096 of 2018 questioning the order of dismissal/termination vide Memo No. 763 dated 30.05.2017.
4. It is pointed out that on 10.04.2023, when the batch of writ applications was taken up for consideration, this Court found that there were some applications which were filed by those petitioners who had earlier moved this Court against their order of dismissal but when defects were pointed out and the peremptory orders were passed to remove those defects, the said petitioners had not removed the defects as a result whereof those writ applications had stood dismissed in default but those writ applicants filed fresh writ application.
5. Learned counsel for the petitioner submits that on the said date an impression was given to this Court that this petitioner had also moved this Court earlier in CWJC No. 8099 of 2016 against the order of dismissal which was not a correct fact.
6. Learned counsel for the petitioner submits that it is because of the mistake on his part in not properly pointing out the fact to this Court, the name of this petitioner in CWJC No. 2096 of 2018 had been included in the batch of writ applications which are governed by order dated 10.04.2023. The lead case
Patna High Court C. REV. No.119 of 2023(4) dt.03-04-2024 3/3 being CWJC No. 6428 of 2019 (Manoj Kumar vs. The State of Bihar and Ors.).
7. Mr. Suman Kumar Jha, learned A.C. to learned A.A.G-III for the State, accepts the factual position.
8. In the aforesaid view of the matter, this Court recalls the order dated 10.04.2023 insofar as it relates to CWJC No. 2096 of 2018 (Ravindra Kumar vs. The State of Bihar and Ors.)
9. Let CWJC No. 2096 of 2018 be deleted from the list of cases which are governed by order dated 10.04.2023.
10. The said writ application shall now be placed before an appropriate Bench after seeking permission of Hon'ble the Chief Justice.
11. Let the counter affidavit filed on behalf of the State be taken on the record.
(Rajeev Ranjan Prasad, J) Rishi/- U